Ala. Admin. Code r. 820-1-2-.09

Current through Register Vol. 43, No. 1, October 31, 2024

Section 820-1-2-.09 - Pleadings And Answers

(1) Each person against whom a complaint is directed must plead or answer at least five days prior to the date set for hearing, but no later than 30 days from the filing of the complaint. All answers must admit or deny the truth of all material allegations of the complaint and may set forth any additional facts or matters material to the issue or in bar or abatement of the proceeding. Averments not denied or confessed and avoided shall be taken as admitted. If the person is without knowledge, he shall so state and such statements shall operate as a denial. If the person shall make satisfaction to the complainant before the cause comes on for hearing or before same is finally disposed of by the Secretary, he shall obtain from the complainant a written acknowledgment of such satisfaction setting forth the terms and conditions thereof and file the same with the Secretary.

(2) Where more than one person is involved in a complaint, they may make joint answers thereto. If a defendant in a complaint case seeks affirmative relief, a counterclaim may be filed.

(3) If a defendant in a complaint case seeks affirmative relief, a counterclaim may be filed.

(4) The original answer, counterclaim, or other pleading, with four (4) copies, must be filed with the Secretary, 600 Dexter Avenue, Room S-105, Montgomery, Alabama, 36104, and at the same time, a copy of said answer to pleading, or a counterclaim shall be served by the defendant making such answer, counterclaim, or pleading by U.S. Mail, Postage Prepaid, upon each complainant or his attorney of record. The defendant or his attorney of record shall certify to the Secretary that said service has been made.

(5) All pleadings, answers and counterclaims must be in writing signed by the party or his attorney of record.

(6) The Secretary or the presiding hearings examiner shall entertain all motions and pleadings made or filed in any proceeding which are not specifically covered by these rules as may in their or its discretion be deemed proper, except a hearings examiner cannot grant a motion to dismiss any proceeding. All such motions shall be in writing and shall set forth the relief sought and shall be served as any other pleading or answer, except those offered during a hearing.

Author: Charles E. Grainger, Jr.

Ala. Admin. Code r. 820-1-2-.09

New Rule: Filed January 10, 2001; effective February 14, 2001.

Statutory Authority:Code of Ala. 1975, § 41-22-4.